USTR issues List 3 product exclusion list

On November 7, 2019 the Office of the U.S. Representative (USTR) released a notice granting and additional 36 exclusions from the 301 China duties.

Prior, on October 28, 2019, the Federal Register notice (84 FR 57802) was issued notating that these exclusions would be retroactive to September 24, 2018 and extends through August 7, 2020.

CBP also issued CSMS #40564257, dated November 8th, 2019, providing guidance on filing List 3 product exclusions. Per the CSMS, the exclusions are available for any product that meets the description as set out in Annex A to Federal Register Notice 84 FR 57803, regardless of whether the importer filed an exclusion request.  Further, the scope of each exclusion is governed by the scope of the Harmonized Tariff Schedule of the United States (HTSUS) 10-digit headings and product descriptions in the Annex; not by the product descriptions set out in any particular request for exclusion.

As a reminder, for refunds, post-summary correction (PSC) filings can be made by the importer directly or any licensed broker; not just party who filed the original entry.   

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Section 321 entry type 86 deployed in ACE

On September 28, 2019, CBP deployed the new Entry Type 86 for Section 321 (low-valued shipments) through ACE.

Trade users will benefit from this enhancement by being able to now electronically transmit low-valued shipment data to Customs. Using entry type 86 transaction, which includes importer and/or consignee information, the entry is transmitted via the Automated Broker Interface (ABI) into ACE, and filers will receive electronic release messages back from CBP for these low value shipments.

Filing an entry type 86 to obtain release of low-valued Section 321 shipments is only a test; it is not mandatory. All current Section 321 clearance processes remain in effect.

What will change in ACE?

Technical questions about the new entry Type 86 functionality can be addressed by a Client Representative or the ACE Account Service Desk (ASD) at 1-866-530-4172 or ACE.Support@cbp.dhs.gov.

  • This new entry type will only allow one bill per entry
  • This will allow for an entry to be filed with PGA data for a shipment of $800 or less
  • Entry type 86 will be available for CBP and trade users to review via ACE Reports

A Test Notice was published in the Federal Register on August 13, 2019.

CBP Technical Resources can be found here.

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